2023-10-23
The French Prudential Supervision and Resolution Authority (ACPR) issued Instruction No. 2023-I-17 to mandate investment firms subject to EU Regulation 2019/2033 to submit detailed remuneration data. The instruction specifies reporting frequencies, consolidation scopes, and calculation methodologies for gender pay gaps, particularly for firms with over 50 or 250 employees. It requires annual submissions for general remuneration structures and triennial submissions for gender pay gap analyses using XBRL format.
Instruction No. 2023-I-17 repealing and replacing Instruction No. 2022-I-20 of December 9, 2022 on the collection of information on remuneration for entities subject to Regulation (EU) 2019/2033 of the European Parliament and of the Council of November 27, 2019 concerning prudential requirements applicable to investment firms Amended by Instruction No. 2025-I-05 of May 22, 2025
The Prudential Supervision and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Articles L. 533-30 and L. 612-24; Having regard to Regulation (EU) 2019/2033 of the European Parliament and of the Council of November 27, 2019 concerning prudential requirements applicable to investment firms; Having regard to the opinion of the Prudential Affairs Advisory Committee of October 10, 2023, DECIDES
Article 1: Investment firms subject to this instruction The following are subject to this instruction: 1.1. For the reporting forms in Annexes 1 to 4, investment firms, parent investment firms, parent investment holding companies, and mixed financial holding companies falling within the scope of Articles 25 and 34 of Directive (EU) 2019/2034 of the European Parliament and of the Council of November 27, 2019 concerning the prudential supervision of investment firms, provided their total assets exceed 1 billion euros. 1.2. For the reporting form in Annex 5, all investment firms and parent investment firms, investment holding companies, and mixed financial holding companies that employ more than fifty people.
Article 2: Scope of reporting 2.1. For the reporting forms in Annexes 1 to 4, reporting is performed at the highest level of consolidation in France, on a consolidated basis or, where applicable, on an individual basis, covering all subsidiaries and branches of the relevant investment firm.
CONSOLIDATED INSTRUCTION
2.2. The reporting of Annex 5 is performed on an individual basis by the investment firm mentioned in Article 1.2.
Article 3: Information to be transmitted 3.1. The reporting forms provided in Annexes 1 to 4 are completed by investment firms. Investment firms transmit data covering all personnel members (employees and statutory managers). 3.2. For the reporting forms in Annexes 1 to 4, the subject institutions transmit information to the General Secretariat of the Prudential Supervision and Resolution Authority using year-end accounting data denominated in euros. 3.3. For the reporting form in Annex 5, the gender pay gap is calculated as the difference between the average remuneration of men and women, expressed as a percentage of the average remuneration of men. Investment firms measure this gap based on the gross annual remuneration of personnel, on a full-time equivalent basis. 3.4. For the reporting form in Annex 5, investment firms with at least 250 personnel members calculate the gender pay gap for each quartile of their overall remuneration, as well as in total. Investment firms with fewer than 250 personnel members transmit only data related to the gender pay gap based on total amounts. 3.5. Investment firms whose identified personnel counts at least 250 members calculate the gender pay gap for each quartile of their overall remuneration, as well as in total. Investment firms whose identified personnel counts fewer than 250 members transmit only the gender pay gap based on total amounts for the identified personnel.
Article 4: Frequency of data collection and submission date 4.1. The submissions of the forms in Annexes 1 to 4 must be submitted annually no later than June 15 of the current year. 4.2. The submissions of the forms in Annex 5 must be submitted every three years no later than June 15 of the current year, starting from 2024 for the 2023 fiscal year. 4.3. Data must be transmitted via electronic transmission in XBRL format. The forms must be communicated under the conditions set by the Prudential Supervision and Resolution Authority's Instruction No. 2025-I-05.
Article 5: Entry into force This instruction enters into force the day following its publication.
Article 6: Publication in the official register of the Prudential Supervision and Resolution Authority This instruction is published in the official register of the Prudential Supervision and Resolution Authority.
Paris, October 23, 2023 The Designated President, Denis BEAU
Annex 1 — General information and information on the remuneration of all personnel of investment firms Name of the investment firm Name Maximum ratio between fixed and variable remuneration of identified personnel established in the internal policy of the investment firm Percentage Does the investment firm benefit from the exemption provided for in Article 32, paragraph 4, point a), of Directive (EU) 2019/2034 (the "IFD Directive") at the institutional level? Yes/No Is the investment firm a subsidiary of a Union parent institution subject to Directive 2013/36/EU? Yes/No Fiscal year for which remuneration is granted (Year N) Year
| Function of the management body's oversight function | Function of the management body's management function | Proprietary trading, firm commitment and underwriting of instruments | Investment advice and order execution | Portfolio management | Operation of an MTF/OTF | Independent control functions | Other personnel |
|---|---|---|---|---|---|---|---|
| Total headcount | # | # | # | # | # | # | # |
| Total headcount in FTE1 | # | # | # | # | # | # | # |
| Overall net profit for Year N (in euros)2 | Total amount in euros (e.g., 123 456 789,00) | ||||||
| Total amount of dividends (or similar distributions) paid for Year N (in euros) | |||||||
| Overall remuneration (in euros) |
1 Headcounts should be expressed in full-time equivalents (FTE) based on the number of personnel members at year-end, taking into account individual working time arrangements. 2 Net profits should be based on the accounting system used for regulatory reporting requirements. For groups, this is the profit (or losses) based on consolidated accounts.
Of which: variable remuneration (in euros) Of which: fixed remuneration (in euros)
Annex 2 — Information on the remuneration of identified personnel of investment firms Name of the investment firm Name Fiscal year for which remuneration is granted (Year N) Year
| Line | Function of the management body's oversight function | Function of the management body's management function | Other senior management members | Other identified personnel members |
|---|---|---|---|---|
| 1 | Headcount | |||
| 2 | Number of identified personnel members in FTE | |||
| 3 | Overall fixed remuneration (in euros) for Year N | |||
| 4 | Of which: cash | |||
| 5 | Of which: shares or equivalent ownership rights | |||
| 6 | Of which: share-linked instruments or equivalent non-cash instruments | |||
| 7 | Of which: other types of instruments under Article 32, paragraph 1, point j) iii), of the IFD Directive | |||
| 8 | Of which: non-cash instruments reflecting managed portfolio instruments | |||
| 9 | Of which: other approved arrangements | |||
| 10 | Of which: other forms | |||
| 11 | Overall variable remuneration (in euros) for Year N | |||
| 12 | Of which: cash | |||
| 13 | Of which: deferred | |||
| 14 | Of which: shares or equivalent ownership rights | |||
| 15 | Of which: deferred | |||
| 16 | Of which: share-linked instruments or equivalent non-cash instruments | |||
| 17 | Of which: deferred | |||
| 18 | Of which: other types of instruments under Article 32, paragraph 1, point j) iii), of the IFD Directive | |||
| 19 | Of which: deferred | |||
| 20 | Of which: non-cash instruments reflecting managed portfolio instruments | |||
| 21 | Of which: deferred | |||
| 22 | Of which: other approved arrangements | |||
| 23 | Of which: deferred | |||
| 24 | Of which: other forms | |||
| 25 | Of which: deferred |
Additional information regarding the above positions (all amounts below should be included in the overall variable remuneration)
| 26 | Total amount of deferred variable remuneration granted for prior service periods other than Year N | | | | | 27 | Of which: acquisition planned during the fiscal year | | | | | 28 | Of which: acquisition planned during subsequent fiscal years | | | | | 29 | Total amount of explicit ex post adjustments made during the fiscal year to deferred variable remuneration to be acquired during this period, applied during Year N to previously granted remuneration | | | | | 30 | Total amount of explicit ex post adjustments made during the fiscal year to deferred variable remuneration to be acquired during subsequent fiscal years, applied during Year N to previously granted remuneration | | | | | 31 | Total amount of guaranteed variable remuneration for Year N | | | | | 32 | Total number of beneficiaries of guaranteed variable remuneration for Year N | | | | | 33 | Total amount of termination payments granted in prior fiscal years, paid during the fiscal year | | | | | 34 | Total amount of termination payments granted during Year N | | | | | 35 | Of which: deferred termination payments granted during Year N | | | | | 36 | Number of beneficiaries of termination payments granted during Year N | | | | | 37 | Maximum amount of termination payments granted to an individual during Year N | | | | | 38 | Number of beneficiaries of discretionary pension contributions during Year N | | | | | 39 | Overall amount of discretionary pension contributions during Year N (including other forms of variable remuneration) | | | | | 40 | Overall amount of variable remuneration granted for multi-year periods under non-renewable programs each year | | | | | 41 | For investment firms not benefiting from the exemption provided for in Article 32, paragraph 4, point a), at the institutional level | | | | | | Of which: fixed remuneration of staff benefiting from at least one of the exemptions provided for in Article 32, paragraph 4, point b) | | | | | 42 | For investment firms not benefiting from the exemption provided for in Article 32, paragraph 4, point a), at the institutional level | | | | | | Of which: variable remuneration of staff benefiting from at least one of the exemptions provided for in Article 32, paragraph 4, point b) | | | |
Annex 3 — Information on the remuneration of identified personnel by activity area Name of the investment firm Name Fiscal year for which remuneration is granted (Year N) Year
| Function of the management body's oversight function | Function of the management body's management function | Proprietary trading, firm commitment and underwriting of instruments | Investment advice and order execution | Portfolio management | Operation of an MTF/OTF | Independent control functions | Other personnel |
|---|---|---|---|---|---|---|---|
| Number of identified personnel members | |||||||
| Number of identified personnel members (FTE) | |||||||
| Number of "other senior management members" | |||||||
| Number of "other identified personnel members" | |||||||
| Overall remuneration (in euros) | |||||||
| Of which: variable remuneration (in euros) | |||||||
| Of which: fixed remuneration (in euros) |
Annex 4 — Exemptions from the application of requirements to pay a portion of variable remuneration in deferred form and in instruments granted to investment firms under Directive (EU) 2019/2034 Name of the investment firm Name Fiscal year for which remuneration is granted (Year N): Year
| Information on the availability of exemptions | Exemption at the institution level under Article 34, paragraph 4, point a), of Directive (EU) 2019/2034 (the "IFD Directive") | Exemption for personnel under Article 34, paragraph 4, point b), of the IFD Directive |
|---|---|---|
| Does the investment firm apply exemptions from the requirements to pay a portion of variable remuneration in deferred form and in instruments under Article 34, paragraph 4, point a), to all its identified personnel? If so, it is not necessary to complete the information below. | Yes/No | |
| Does the investment firm apply the exemption from the requirement provided for in Article 32, paragraph 1, point j), of the IFD Directive (payment in instruments)? | Yes/No | Yes/No |
| If the investment firm applies the aforementioned exemption, but with a threshold lower than that implemented under national law, please indicate the threshold applied in euros | Threshold | |
| Number of identified personnel members benefiting from the aforementioned exemption | Number | Number |
| Percentage of identified personnel benefiting from the aforementioned exemption | Percentage | Percentage |
| Overall remuneration of identified personnel members benefiting from the aforementioned exemption | EUR | EUR |
| Of which: variable remuneration | EUR | EUR |
| Of which: fixed remuneration | EUR | EUR |
| Does the investment firm apply the exemption from the requirement provided for in Article 32, paragraph 1, point l), of the IFD Directive (payment under deferral arrangements)? | Yes/No | Yes/No |
| If the investment firm applies the aforementioned exemption, but with a threshold lower than that implemented under national law, please indicate the threshold applied in euros | Threshold | |
| Number of identified personnel members benefiting from the aforementioned exemption | Number | Number |
| Percentage of identified personnel benefiting from the aforementioned exemption | Percentage | Percentage |
| Overall remuneration of identified personnel members benefiting from the aforementioned exemption | EUR | EUR |
| Of which: variable remuneration | EUR | EUR |
| Of which: fixed remuneration | EUR | EUR |
| Does the investment firm apply the exemption from the requirement provided for in Article 32, paragraph 1, and paragraph 3, third subparagraph (exemptions from payment of discretionary pension benefits in the form of instruments)? | Yes/No | Yes/No |
| Number of identified personnel members benefiting from the aforementioned exemption | Number | Number |
| Overall remuneration of identified personnel members benefiting from the aforementioned exemption | EUR | EUR |
| Of which: variable remuneration | EUR | EUR |
| Of which: fixed remuneration | EUR | EUR |
Annex 5 — Information on the gender pay gap Investment firm (individual basis) Name Legal entity identifier Number Member State ISO Code (e.g., AT, BE, CY) Year Year
| Total headcount | Number | | Total number of identified personnel members | Number |
Representation of headcount by gender by quartile of remuneration level
| Representation of male and female headcounts in each quartile of the remuneration level | Percentage of male headcount in total personnel | Percentage of female headcount in total personnel | Percentage of identified male personnel in total identified personnel | Percentage of identified female personnel in total identified personnel |
|---|---|---|---|---|
| Quartile 1 (lower) | Percentage (e.g., 42.43 %) | Percentage | ||
| Quartile 2 (lower middle) | ||||
| Quartile 3 (upper middle) | ||||
| Quartile 4 (upper) | ||||
| Total headcount/identified personnel | Percentage |
Gender pay gap based on overall gross remuneration
| Level of overall gross annual remuneration | Gender pay gap based on median remuneration | Gender pay gap based on average remuneration | Gender pay gap of identified personnel based on median remuneration | Gender pay gap of identified personnel based on average remuneration |
|---|---|---|---|---|
| Quartile 1 (lower) | Percentage (e.g., 42.43 %) | Percentage | ||
| Quartile 2 (lower middle) | ||||
| Quartile 3 (upper middle) | ||||
| Quartile 4 (upper) | ||||
| Total headcount/identified personnel | Percentage |